DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The disclosure is objected to because of the following informalities: related applications have been referenced by attorney docket numbers. Examiner suggests replacing the attorney docket numbers with the corresponding U.S. Patent Application numbers or U.S. Patent numbers. Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 5 and 6 are objected to because of the following informalities:
The term “underslung” is used in claim 5 as a noun, when the term is generally used as an adjective to describe another feature, such as “an underslung housing” or “a housing that is underslung”;
Examiner suggests adding “is” into the phrase “wherein the control panel positioned” so as to read --wherein the control panel is positioned-- (claim 6, line 5).
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pruteanu et al. (US 7086818 B2). Pruteanu et al. discloses a refuse vehicle (side-loading and/or front-loading refuse truck #20; figures 1a-1d, 6) comprising:
(claims 1, 17) a chassis (#26; column 3, lines 59-64; figures 1a-1d, 6);
a cab (#28) coupled to a front end portion of the chassis (#26; column 3, lines 59-64; figures 1a-1d, 6);
a body assembly (including storage enclosure #22, charging hopper #24) configured to couple to a rear end portion of the chassis (#26; column 3, lines 59-64; figures 1a-1d, 6);
wherein the refuse vehicle (#20) is configurable both as a side-loading refuse vehicle in which the body assembly is a first body assembly configured to couple to the rear end portion of the chassis, and a front-loading refuse vehicle in which the body assembly is a second body assembly configured to couple to the rear end portion of the chassis (figures 1a-1d, 6; Abstract; column 2, lines 19-32; column 4, lines 11-18; column 4, line 61-column 5, line 2; column 6);
wherein the side-loading refuse vehicle is configured to load refuse from a lateral side thereof (figures 1a-1d, 6; columns 3-6);
wherein the front-loading refuse vehicle is configured to load refuse from a front end thereof (figure 6; column 6);
(claims 2, 18) wherein the first body assembly (for side-loading) includes a first access door (recess #44) and the second body assembly (for front-loading) includes a second access door (top opening in charging hopper #24 defined by high sidewalls #46), the refuse vehicle (#20) further comprising a step (access ladder #38) including a first portion (portion aligned with recess #44) aligned with the first access door and a second portion (portion aligned with top opening in charging hopper #24) aligned with the second access door (figures 1a-1d; 6; columns 3-6);
(claim 3) wherein the first portion (portion of access ladder #38 aligned with recess #44) of the step at least partially overlaps with the second portion of the step (portion of access ladder #38 aligned top opening in charging hopper #24; figures 1a-1d; 6);
(claim 5) an underslung coupled to the chassis, wherein the step is integrated with the underslung (“underslung” can be any component that that has a relatively low center of gravity and is at least indirectly coupled to chassis #26, such as lower portion of storage enclosure #22 or charging hopper #24, with which ladder #38 is integrated; figures 1a-1d, 6).
The method of claim 17 reads on the apparatus set forth above.
Claim(s) 1, 13-15, 17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Koga et al. (US 11148880 B1). Koga et al. discloses a refuse vehicle (#10) comprising:
(claims 1, 17) a chassis (#12; figures 1, 2, 8, 11; column 3, lines 38-67);
a cab (#18) coupled to a front end portion of the chassis (#12; figures 1, 2, 8; column 3, lines 38-67);
a body assembly (#14) configured to couple to a rear end portion of the chassis (#12; figures 1, 2, 8, 11; column 3, lines 38-67);
wherein the refuse vehicle (#10) is configurable both as a side-loading refuse vehicle in which the body assembly (#14) is a first body assembly configured to couple to the rear end portion of the chassis (#12; figure 2; column 5, lines 1-31), and a front-loading refuse vehicle in which the body assembly is a second body assembly configured to couple to the rear end portion of the chassis (figure 1; column 4, lines 30-67);
wherein the side-loading refuse vehicle is configured to load refuse from a lateral side thereof (figure 2; column 5, lines 1-31);
wherein the front-loading refuse vehicle is configured to load refuse from a front end thereof (figure 1; column 4, lines 30-67);
(claim 13) wherein the first body assembly (#14; figure 2) and the second body assembly (#14; figure 1) are configured to pivot relative to the chassis (#12; figure 8; column 9, line 33-column 10, line 16);
(claim 14) a pivot assembly (including actuator #120, pivotal coupling at rear end) coupled to the chassis (#12) and the body assembly (#14) to selectively pivot the first body assembly and the second body assembly relative to the chassis (figure 8; column 9, line 33-column 10, line 16);
(claim 15) wherein the pivot assembly (including actuator #120, pivotal coupling at rear end) includes an actuator (#120) coupled to the chassis (#12) at a same respective location along the chassis when the refuse vehicle (#10) is configured as the side-loading refuse vehicle and when the refuse vehicle is configured as the front-loading refuse vehicle (figure 8; column 9, line 33-column 10, line 16);
(claim 19) providing a pivot assembly (including actuator #120, pivotal coupling at rear end) including an actuator (#120; figure 8; column 9, line 33-column 10, line 16);
coupling the actuator (#120) to the chassis (#12) and the body assembly (#14; figure 8; column 9, line 33-column 10, line 16);
wherein the actuator (#120) is configured to actuate to pivot the first body assembly (#14; figure 2) and the second body assembly (#14; figure 1) about an axis of rotation (axis around which pivotal coupling at rear end rotates; figure 8; column 9, line 33-column 10, line 16);
wherein the actuator (#120) is coupled to the chassis (#12) at a same respective location along the chassis when the refuse vehicle (#10) is configured as the side-loading refuse vehicle and when the refuse vehicle is configured as the front-loading refuse vehicle (figures 1, 2, 8; column 9, line 33-column 10, line 16).
The method of claim 17 reads on the apparatus sets forth above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2, 3, 5, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koga et al. (US 11148880 B1) in view of Pruteanu et al. (US 7086818 B2). Koga et al. discloses wherein the first body assembly (side-loading assembly; figure 2) includes a first access door (including top opening in hopper volume #52 and/or top opening in collection chamber #28) and the second body assembly (front-loading assembly; figure 1) includes a second access door (including top opening in collection chamber #28), but does not specifically disclose a step. Pruteanu et al. teaches a refuse vehicle (side-loading and/or front-loading refuse truck #20), as set forth above, (claims 2, 18) wherein the first body assembly (for side-loading) includes a first access door (recess #44) and the second body assembly (for front-loading) includes a second access door (top opening in charging hopper #24 defined by high sidewalls #46), the refuse vehicle (#20) further comprising a step (access ladder #38) including a first portion (portion aligned with recess #44) aligned with the first access door and a second portion (portion aligned with top opening in charging hopper #24) aligned with the second access door (figures 1a-1d; 6; columns 3-6), (claim 3) wherein the first portion (portion of access ladder #38 aligned with recess #44) of the step at least partially overlaps with the second portion of the step (portion of access ladder #38 aligned top opening in charging hopper #24; figures 1a-1d; 6), and (claim 5) an underslung coupled to the chassis, wherein the step is integrated with the underslung (“underslung” can be any component that that has a relatively low center of gravity and is at least indirectly coupled to chassis #26, such as lower portion of storage enclosure #22 or charging hopper #24, with which ladder #38 is integrated; figures 1a-1d, 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the step, as taught by Pruteanu et al., to improve the refuse vehicle of Koga et al., for the predictable result of providing easier access to the top doors.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pruteanu et al. (US 7086818 B2) in view of Jax et al. (US 10859167 B2).
Regarding claim 6, Pruteanu et al. discloses a lift assembly (including side-loading container handling device #42, front-loading container handling device #150, 152, 154, 156) configured to load refuse (figures 1a-6; columns 4-6), but does not specifically disclose location of a control panel. Jax et al. teaches a refuse vehicle (front-loading or side-loading refuse vehicle #10) comprising a lift assembly (such as, lift assembly #40) configured to load refuse, and a control panel (including control components #260) configured to receive an input from a user to control the lift assembly (has the ability to so perform), wherein the control panel positioned along the lateral side of the refuse vehicle configured as the side-loading refuse vehicle, and proximate (near) the front end of the refuse vehicle configured as the front-loading refuse vehicle (figures 3-5, 27; column 9, lines 57-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the refuse vehicle of Pruteanu et al. to include an externally mounted control panel, as taught by Jax et al., so as to conveniently locate the control components on the exterior of the vehicle and behind a cover to obscure the components (Jax et al.: column 9, lines 57-67).
Regarding claim 7, Pruteanu et al. does not specifically disclose a windshield protective bar. Jax et al. teaches a refuse vehicle (front-loading or side-loading refuse vehicle #10) comprising a protective bar (see marked-up drawing below) configured to selectively couple to a cab (#16) such that the protective bar extends across a windshield of the refuse vehicle (see marked-up drawing below), wherein the protective bar is positioned along the front end of the refuse vehicle configured as the front-loading refuse vehicle to protect the windshield when refuse is loaded from the front end (see marked-up drawing below), and wherein the protective bar is configured to be removed when the refuse vehicle is configured as the side-loading refuse vehicle (has the ability to so perform). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the external bar as taught by Jax et al., to improve the refuse vehicle of Pruteanu et al., for the predictable result of protecting front portions of the cab during refuse vehicle operations.
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Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koga et al. (US 11148880 B1) in view of Jax et al. (US 10859167 B2).
Regarding claim 6, Koga et al. discloses a lift assembly (lifting system #30) configured to load refuse (figures 1, 2; column 4, line 30-column 5, line 31), but does not specifically disclose the claimed location of a control panel. Jax et al. teaches a refuse vehicle (front-loading or side-loading refuse vehicle #10) comprising a lift assembly (such as, lift assembly #40) configured to load refuse, and a control panel (including control components #260) configured to receive an input from a user to control the lift assembly (has the ability to so perform), wherein the control panel positioned along the lateral side of the refuse vehicle configured as the side-loading refuse vehicle, and proximate (near) the front end of the refuse vehicle configured as the front-loading refuse vehicle (figures 3-5, 27; column 9, lines 57-67). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the refuse vehicle of Koga et al. to include an externally mounted control panel, as taught by Jax et al., so as to conveniently locate the control components on the exterior of the vehicle and behind a cover to obscure the components (Jax et al.: column 9, lines 57-67).
Regarding claim 7, Koga et al. does not specifically disclose a windshield protective bar. Jax et al. teaches a refuse vehicle (front-loading or side-loading refuse vehicle #10) comprising a protective bar (see marked-up drawing above) configured to selectively couple to a cab (#16) such that the protective bar extends across a windshield of the refuse vehicle (see marked-up drawing above), wherein the protective bar is positioned along the front end of the refuse vehicle configured as the front-loading refuse vehicle to protect the windshield when refuse is loaded from the front end (see marked-up drawing above), and wherein the protective bar is configured to be removed when the refuse vehicle is configured as the side-loading refuse vehicle (has the ability to so perform). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the external bar as taught by Jax et al., to improve the refuse vehicle of Koga et al., for the predictable result of protecting front portions of the cab during refuse vehicle operations.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pruteanu et al. (US 7086818 B2) in view of Verner (US 4648775 A).
Regarding claim 8, Pruteanu et al. does not specifically disclose a top shroud. Verner teaches a refuse vehicle (#20) comprising a front shroud (including forward portion of protective canopy assembly #32) coupled (at least indirectly) to a cab (cab of truck #21) and positioned above the cab, and a rear shroud (including rear portion of protective canopy assembly #32) coupled (at least indirectly) to the cab and positioned within a space rearward relative to the front shroud and forward relative to a body assembly (#22), wherein a trailing edge of the rear shroud is aligned with a top surface of the body assembly (figure 1; column 3, lines 40-43). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the refuse vehicle of Pruteanu et al. to include a top shroud, as taught by Verner, so as to provide a protective canopy for the vehicle cab (Verner: column 3, lines 40-43).
Regarding claim 9, Pruteanu et al. discloses wherein the first body assembly defines a first height and the second body assembly defines a second height, and wherein the second height is greater than the first height (front-loading container handling device #150, 152, 154, 156 utilizes top opening in charging hopper #24 defined by high sidewalls #46, and side-loading container handling device #42 utilizes lower portion aligned with recess #44; figures 1a-1d; 6; columns 3-6).
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koga et al. (US 11148880 B1) in view of Verner (US 4648775 A).
Regarding claim 8, Koga et al. does not specifically disclose a top shroud. Verner teaches a refuse vehicle (#20) comprising a front shroud (including forward portion of protective canopy assembly #32) coupled (at least indirectly) to a cab (cab of truck #21) and positioned above the cab, and a rear shroud (including rear portion of protective canopy assembly #32) coupled (at least indirectly) to the cab and positioned within a space rearward relative to the front shroud and forward relative to a body assembly (#22), wherein a trailing edge of the rear shroud is aligned with a top surface of the body assembly (figure 1; column 3, lines 40-43). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the refuse vehicle of Koga et al. to include a top shroud, as taught by Verner, so as to provide a protective canopy for the vehicle cab (Verner: column 3, lines 40-43).
Regarding claim 9, Koga et al. discloses wherein the first body assembly defines a first height and the second body assembly defines a second height, and wherein the second height is greater than the first height (front-loading container lifting system #30 utilizes top opening in collection chamber #28 defined by high sidewalls, and side-loading lifting system #30 utilizes lower portion aligned with top opening in hopper volume #52; figures 1, 2; column 4, line 30-column 5, line 31).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koga et al. (US 11148880 B1) in view of Hagenbuch (US 5327347 A). Koga et al. discloses wherein the actuator (#120) is configured to actuate to pivot the first and second body assemblies (#14) about an axis of rotation (axis around which pivotal coupling at rear end rotates; figure 8; column 9, line 33-column 10, line 16), but does not specifically disclose plates and a pin associated with the pivot assembly. Hagenbuch teaches a refuse vehicle (#11) comprising a pivot assembly (including hinge assemblies #17, hydraulic cylinders #19, 21) coupled to a chassis (frame #15) and a body assembly (#13) to selectively pivot the body assembly relative to the chassis, wherein the pivot assembly includes a first plate (hinge members #30) defining an opening (#43, 43’, 43’’) and configured to couple with the chassis (#15), and a second plate (hinge members #31) including a pin (#32) extending therefrom, the pin defining an axis of rotation (pivot axis), the second plate configured to couple to a frame member (beams #28, 29) of the body assembly (#13), wherein the first plate (#30) is configured to couple to the second plate (#31) such that the pin (#32) extends through the opening (#43, 43’, 43’’), and wherein an actuator (hydraulic cylinders #19, 21) is configured to actuate to pivot the body assembly about the axis of rotation (figures 1a, 1b, 4a, 4b; column 6, line 51-column 8, line 18; column 10, line 61-column 12, line 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the refuse vehicle of Koga et al. to include the pivot assembly, as taught by Hagenbuch, so as to provide a secure and easy way to pivotally connect the chassis with the body assembly, while providing preferred load/weight transfer characteristics (Hagenbuch: column 6, line 51-column 8, line 18; column 10, line 61-column 12, line 12).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koga et al. (US 11148880 B1) in view of Pruteanu et al. (US 7086818 B2), further in view of Verner (US 4648775 A). Koga et al. discloses a refuse vehicle (#10) comprising the features set forth above, with the exception of the claimed step as taught by Pruteanu et al. (US 7086818 B2) with respect to claims 2, 3, 5, and 18 above, and the claimed shroud as taught by Verner (US 4648775 A) with respect to claim 8 above.
Allowable Subject Matter
Claims 4 and 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The allowable subject matter of claim 4 is wherein the first access door is positioned at a first position relative to the cab and the second access door positioned at a second position relative to the cab, and wherein the second position is closer to the cab than the first position, in combination with other features of preceding claims 1 and 2. Pruteanu et al. (US 7086818 B2) and Koga et al. (US 11148880 B1) appear to show the first and second access doors at a similar location relative to the cab.
The allowable subject matter of claim 10 is wherein the first rear shroud is substantially flat, and wherein the second rear shroud is arcuate, in combination with other features of claim 10 and preceding claims 1, 8, and 9. Pruteanu et al. (US 7086818 B2) and Koga et al. (US 11148880 B1) do not specifically disclose the shroud, and Verner (US 4648775 A) does not teach two separate shrouds with a different shape associated with respect side-loading and front-loading vehicle configurations.
The allowable subject matter of claim 11 is a radiator positioned within the space and at least partially within the rear shroud, in combination with other features of preceding claims 1 and 8. Pruteanu et al. (US 7086818 B2) and Koga et al. (US 11148880 B1) do not specifically disclose the shroud. Koga et al. (US 11505084 B2) teaches a top shroud can include a battery pod assembly (#20; figure 10B), and a radiator can be provided to cool the battery pod assembly (column 6, lines 56-67), but does not specifically teach a radiator positioned within a space rearward relative to a front shroud and forward relative to a body assembly, and at least partially within a rear shroud.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art discloses refuse vehicles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
Prosecution Insights